| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 225/10 |
| Determination date | 13 May 2010 |
| Member | Y S Oldfield |
| Representation | S Sime (Applicant in person) ; B Smith |
| Location | Auckland |
| Parties | Sime v Your Cleaners Ltd |
| Summary | COMPLIANCE ORDER – Applicant sought compliance with mediated settlement – Terms provided for payment of settlement sum in eight instalments – Applicant claimed only two instalments paid – Respondent argued agreement expressed to be with wrong employer party – Respondent claimed payments stopped because of inability to pay – Applicant argued employed by respondent and company claimed by respondent to be employer not incorporated at time employment commenced – Respondent argued originally employed applicant but employment transferred to new company when incorporated – Applicant argued never told about new company – Authority found transfer of employment never previously raised – Found terms of settlement expressed to be with respondent and two payments made pursuant to those terms – Found employer party correctly identified – Compliance ordered |
| Result | Compliance ordered ; No order for costs |
| Main Category | Compliance Order |
| Statutes | ERA s149(1);ERA s149(3) |
| Number of Pages | 4 |
| PDF File Link: | aa 225_10.pdf [pdf 19 KB] |